Preparing and Filing Your Patent Application

After completing your search, the next step is having a Registered Patent Attorney or Agent with technical expertise in the area of your invention prepare your patent application based on a full disclosure of the invention.

The patent attorney will describe your invention in legal terms required by the Patent & Trademark Office with the goal of obtaining the broadest coverage for your invention. We will then send you a draft of the application for your review and signature.

Once we receive your signed patent application, we will file it immediately with the Patent Office. At that point, you are “patent pending” and you can market your invention without jeopardizing your patent rights.

Types of Patent Applications We Offer

Provisional patent application - A provisional patent application is a temporary patent application that gives the inventor a priority filing date with the Patent Office, as well as "patent pending" status. A provisional patent application is less expensive to prepare and file, but must be converted to a nonprovisional patent application within 1 year of the filing date of the provisional application to keep the priority date. A provisional application will not be examined by the Patent Office until it is converted to a nonprovisional application.

Nonprovisional patent application - A nonprovisional patent application, generally known as a utility application, is a complete patent application that is examined by a Patent Examiner at the Patent & Trademark Office. The invention described in the patent application must be new, useful, and non-obvious to a person of ordinary skill in the field of the invention. A utility patent application includes a specification, any necessary drawings, and one or more claims which legally define the scope of the invention. The claims are the most critical part of a patent application and should only be written by an experienced patent attorney or agent. A utility patent application has a patent term of 20 years from the U.S. filing date.

Accelerated Patent Application

The U.S. Patent Office is now offering a way to get a final decision on a patent application within one year of filing. This new program is called the accelerated examination program and is available to applicants who are willing to follow the additional requirements set forth in the Federal Register notice dated June 26, 2006. The obvious benefit of the accelerated examination program is getting a final decision much more quickly, but there are some limitations the applicant must agree to in order to take advantage of this program

We can prepare your accelerated patent application for an agreed-upon fixed fee. Please contact our office to learn more about this new program. Accelerated Patent Application

Design patent application - A design patent application is filed to protect the appearance, configuration, and ornamental qualities of an invention. It does not protect the structure or function of an invention. A design patent application has a patent term of 14 years from the date the patent is issued.

Plant patent application - A plant application is filed to protect any distinct and new variety of plant that is asexually reproduced.

PCT application - A PCT application filed under the Patent Cooperation Treaty enables an applicant to file one application (an international application) that is treated as a regular national filing in as many countries as the applicant designates. The applicant must pay filing fees for each designated country and may need to provide a translation in the language of the designated country. The applicant must then follow the national procedures for granting of patents in each of the designated countries.

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